GST

LLP – Is it mandatory to file return

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LLP

Filing of LLP Income Tax Returns

A Limited Liability Partnership (LLP) is a type of organization in which two or more partners own and operate the company to make a profit.

 A limited liability partnership is one in which each partner’s liability is limited. In such firms, one partner is not liable for the wrongdoing or ignorance of the other. Each year, every Limited Liability Partnership firm that is registered with the Ministry of Corporate Affairs must produce a statement of accounts and an annual report, regardless of revenue or profit.

Is it necessary to file an income tax return?

Yes, every Limited Liability Partnership (‘LLP’) must file an income tax return, regardless of the amount of profit or loss.

When filing a tax return, which form should you use?

ITR 5 is the form that a limited liability partnership (LLP) can use to file its tax return. If the LLP’s accounts are required to be audited under section 44AB, such firm’s must file their return of income online with a digital signature.

As a result, an LLP must file the following forms each year to stay in compliance and avoid penalties. Even if they haven’t opened a bank account or started doing business.

Important Due Dates for LLPs

Regardless of the activity, all LLPs must file the following documents:

In addition to the items listed below, a Limited Liability Partnership firm that is GST registered is required to file GST returns every month.

Form 11 (Annual Return)                       30th May 

ITR V (Income Tax Return)                   31st July (If tax audit not required)

                                                                30th September (if tax audit required)

Form 8 (Statement of Accounts)           30th October

Limited liability partnership annual filings 

The Limited Liability Partnership firm should file the returns on a regular basis to maintain compliance. This will also avoid the harsh penalties imposed by the law for non-compliance. When compared to the compliance obligations placed on private limited companies, a limited liability partnership has only a few compliances to follow each year. The fines, on the other hand, appear to be extremely high. Noncompliance can cost a private limited company up to INR 1 lakh in fines, whereas it can cost an LLP up to INR 5 lakh in fines.

Update on the LLP Form 8 and Income Tax Return Due Date Extension

Due to requests from various stakeholders for extensions of the due date for filing Form 8 for the Financial Year 2020–21 without paying additional fees due to challenges faced by LLPs due to the COVID-19 pandemic, the MCA (Ministry of Corporate Affairs) has decided to extend the due date for filing Form 8 for the Financial Year 2020–21 without paying additional fees until December 30, 2021.

In addition, in response to numerous petitions, the Central Board of Direct Taxes (CBDT) has announced the extension of the Income Tax filing deadlines. As a result, the deadline for filing Income Tax Returns for LLPs that do not require a Tax Audit has been extended to December 31, 2021, from July 31, 2021, and the deadline for filing IT Returns if Tax Audit is required for LLPs has been extended to February 15, 2022, from September 30, 2021, for the Financial Year 2020–21.

LLPs must file their tax returns using one of the following methods:

  1. a) Electronically, with a digital signature; or 
  2. b) Transmitting the data in the return electronically using an electronic verification code; or
  3. c) Transmitting the return’s data electronically and then filing the return’s verification in Form ITR-V.

However, if an LLP’s accounts are audited under section 44AB, the report of income must be filed online with a digital signature.

Note:

For the assessment years 2021–2021, the deadline for filing income tax returns is December 31, 2021. Komplytek will make it simple for you to file your ITR.

Section 44AB: Tax Audit for certain persons

1. Persons carrying on business is liable for Tax Audit if their Sales/Gross receipts or Turnover exceeds Rs. 1 Crore during the previous year. This provision does not apply to anyone who choose the presumptive taxation system under section 44AD and have total sales or turnover of less than Rs. 2 crores.

Finance Act 2020 has inserted a new provision. Provided that, in the following cases, the limit of Rs. 1 crore has been increased to Rs. 5 Crore if: 

  • Cash receipts/ turnover does not exceed the five percent of the total receipts/ turnover &
  • Cash payments made during the previous year does not exceed the five percent of the total payments.

Finance Act 2021 has increased the threshold limit from Rs. 5 crores to Rs. 10 crore and will take effect from 1st April 2021.

2. Professionals whose gross receipts surpass Rs. Fifty lacs during the previous year are subject to a tax audit.

Which ITR to File

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ITR

What ITR should You Submit? Types of ITR Forms
The Income Tax Return (ITR) is a document on which a taxpayer provides information to the IRS regarding their earnings and the taxes they owe.
To date, the Income Tax department has issued advisories for ITR 1, ITR 2, ITR 3, ITR 4, ITR 5, ITR 6, and ITR 7. Every taxpayer must file their income tax return by the deadline or before it.
The type of income, the taxpayer’s classification (individuals, HUFs, businesses, and so on. ), and the individual’s income will all determine the ITR form that must be filed. If taxpayers select the incorrect form, they must also resubmit their ITR. Let’s take a closer look at the ITR Form for Income Tax Return.

ITR – 1 SAHAJ
It is a form (applicable for residents and ordinarily resident) that a taxpayer has to fill and individuals who are Indian citizens with a total income of up to Rs 50 lakh for the fiscal year 2021–22, and whose total income comprises the following items:
Income from a salary or pension
Income from one house property (except circumstances where a loss from a prior year is carried forward)
Earnings from other sources, such as dividends and interest (excluding gambling, winning lottery and race horse earnings),
Agricultural income up to Rs. 5000
No deductions under section 57 have been claimed by an individual.
There is no overseas income or assets for the individual.

Who can’t use the ITR-1?
Individuals who fall into the following categories are not eligible for ITR-1:
Earnings more than Rs.50 lakh
Agricultural income of more than Rs. 5000
If you have capital gains that are taxable,
If you make money from a business,
Having income from multiple rental properties (more than one house property)
In the event that the individual is a company director,
If you have unlisted equity shares in your portfolio at any point during the fiscal year,
If you are a resident, you may own assets (including financial interests in any company) outside India, as well as signatory authority on any account located outside India.
If you’re a non-resident who happens to be a resident who isn’t ordinarily resident (RNOR),
Possessing overseas assets or receiving foreign income
In the event that the individual is a company director,
If you owe tax on someone else’s income, and that person’s tax has been deducted.

ITR -2
This form is for an individual or a Hindu Undivided Family (HUF) with the following total income for the fiscal year:
Individuals with an income of more than Rs. 50 lakh are eligible.
Income from a pension or a salary.
Income derived from residential real estate.
Additional sources of income (including winnings from the lottery and income from racing horses).
If the person is a company’s director,
Agricultural income greater than Rs. 5,000
Profits from capital gains
If a person is an RNOR (resident not normally resident) and a non-resident,
If any unlisted equity shares were held by the company during the fiscal year.
Foreign earnings and assets.
In addition, if the taxable income is to be combined with the income of another person, such as a spouse or child, this return form can also be used if that income falls into any of the following categories.
Who can’t use this form?
Anyone whose total income for the fiscal year 2021-22 includes money from a business or profession should not use this return form. You may need to use ITR-3 or ITR-4 to declare these forms of income.

ITR 3
Individuals and Hindu Undivided Families that earn money from a sole proprietorship or profession must use the latest ITR3 Form. Anyone who earns money from the following sources can use ITR 3.
Individuals who support themselves through a profession or a business (this applies to both Tax Audit and Non-Audit cases).
The return may include income from a house, salary/pension, capital gains, and earnings.
The company’s revenue exceeds Rs. 2 crores.
During the fiscal year, if any unlisted equity stock investments were made,
You are a company’s individual director.
If the person is a business partner,

ITR-4 or Sugam
Form ITR-4 is used by taxpayers who are opting for the Presumptive Taxation Scheme under section 44AD, section 44ADA and section 44AE and who have income as per ITR-1.
Resident individuals, HUFs, partnership firms (other than LLPs), and partnership firms (other than LLPs) who are Indian residents and whose total income includes:
Earnings from a business under section 44AD or 44AE’s presumptive income scheme
Section 44ADA’s presumptive income scheme applies to professional income.
Salary or pension income up to Rs. 50 lakh (total income)
Not more than Rs. 50 lakh in income from a single house property (excluding the amount of brought forward loss or loss to be carried forward).
Other sources of income with a total income of less than Rs.50 lakh (excluding income from the lottery and race-horses)
Agriculture Income up to Rs. 5000.

Additional Disclosure:
If a taxpayer is filing a return under section 139(1)’s seventh provision, they must provide additional disclosures. Section 139(1)’s seventh clause applies to taxpayers whose income does not exceed the given threshold but they have:
During the financial year, deposited Rs. 1 crore or more in one or more current accounts, or
Incurred expenses of Rs. 2 lakh or more for travel to a foreign country for self or any other person, or
Spent at least Rs. 1 lakh on the power bill.
Taxpayers must disclose the amount of such transactions in all of the aforementioned circumstances.
Who is unable to utilise the ITR 4 Form?
If your annual gross income exceeds Rs 50 lakh,
If you have revenue from more than one residential property.
If you have any carried forward loss or loss to be carried forward under any head of income,
Possessing any kind of foreign asset
If you have signing authority over an account outside of India,
Having a source of income other than India
If you are a company director,
Being a resident not ordinarily resident (RNOR) and non-resident during the financial year
Possessing overseas assets or receiving foreign income
If you are liable for taxation on the income of another person, yet the other person has deducted the tax.

ITR-5
Companies, Limited Liability Partnerships (LLPs), Associations of Persons (AOPs), Bodies of Individuals (BOIs), Artificial Juridical Persons (AJPs), Properties of the Deceased, Estates of the Insolvent, Business Trusts, and Investment Funds are all covered by ITR 5.

ITR-6
To file an income tax return, all firms must use this form. To file their income tax return with the Income Tax Department of India, only corporations that do not seek exemption under section 11 must submit ITR Form -6.
Businesses that do not claim an exemption under section 11 must file this form online (income from property kept for charity or religious purposes).

ITR–7
Individuals and businesses must use ITR-7 if they have filed returns under Sections 139 (4A), 139 (4B), 139 (4C), 139 (4D), 139 (4E), or 139 (4F). The returns that must be filed under each section are listed below:
Section 139 (4A): Section 139 requires individuals who receive money from a trust or other legal obligations and use the proceeds entirely for religious or charitable purposes to file returns (4A).
Section 139 (4B): If a political party’s total income exceeds the limit amount, it must also file returns under this section.
Section 139 (4C): The following entities must file returns under this section:
The Association for Scientific Research.
Institutions or organizations covered by Section 10 (23A),
Educational institutions include medical institutions, hospitals, colleges, financial institutions, and other educational institutions, to name a few.
News companies
Institutions covered under Section 10 (23B)
Section 139 (4D): This section requires any college, university, or other institution that is not required to furnish a return of income or loss under any other provision of this section.
Section 139 (4E): This section requires business trusts that are not obligated to report their revenue or loss to file their returns.
Section 139 (4F) This section applies to investment funds that are required to file returns under Section 115UB but are not required to report any income or losses.

Important Note:
The following are the tax filing deadlines for FY 2020-21 (AY 2021-22):
Taxpayer classification                                       Last date for Tax Filing
FY 2020-21 
Individual / HUFs/ AOP/ BOI                                            31st December 2021
(Books of accounts are not required to be audited.)
Business (Requiring Audit)                                                15th February 2022
Business (Requiring Transfer Pricing Report)                28th February 2022
 
Audit Report Furnishing due dates:
Submission of Audit Report (Section 44AB)
For AY 2021-22 for taxpayers liable for                            15th January 2022
Audit under the Income Tax Act 1961.
 
Submission of Audit Report for AY 2021-22
For taxpayers having transfer pricing and                          31st January 2022
Specific domestic transactions
Komplytek will make your ITR filing effortless so that you don’t have to worry about missing deadlines.
 
 
 

GST on Restaurant Services provided through E-commerce Operators

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GST on Restaurant Services

The GST Council suggested notifying “Restaurant Service” under section 9(5) of the CGST Act, 2017 during its 45th meeting on September 17, 2021. As a result, the e-commerce operator is responsible for paying the tax on supplies of restaurant services provided through e-commerce operators. Notification No. 17/2021, dated November 18, 2021, has been issued in this regard.

In plain terms, as per section 9(5) of the Central Goods and Services Tax Act 2017, E-commerce operators are obligated to pay GST on certain specified services delivered through their platform as if they were the tax-paying supplier of such services. E-commerce operators are people who own, operate, or manage a digital or electronic facility or platform for the supply of goods, services, or both over a digital or electronic network, comprising digital products.

“The Central Board of Indirect Taxes and Customs has issued a circular No. 167/23/2021 dt. 17/12 2021 regarding the compliance of GST laws in respect of supply of Restaurant service through e-commerce operators”

Please find the link :: Click Here

 The following services are included under section 9(5) of the GST Act 2017:

  • Transporting passengers by radio-taxi, motor cab, maxi cab, motorcycle, omnibus, or other motor vehicle (Notification No. 17/2017-Central Tax (Rate) issued June 28, 2017 and Notification No. 17/2021-Central Tax (Rate) on November 18, 2021.)

‘Radio taxi’ refers to any taxi, including a radio taxi, that is in two-way radio communication with a central control office and can be monitored via GPS or the General Packet Radio Service (GPRS).

The terms’ maxi cab, motor cab, motor bike, motor vehicle, and omnibus’ have the same definitions as in clauses (22), (25), (27), (28) and (29) of Section 2 of the Motor Vehicle Act, 1988. (59 of 1988).

  • Accommodation in hotels, inns, guest houses, clubs, camping sites, or other commercial areas intended for residential or accommodation purposes, except where the person supplying such service through an e- commerce operator is liable for registration under section 22(1) of the said Central Goods and Services Tax Act 2017. (Central Tax (Rate) Notification No. 17/2017, issued June 28, 2017)
  • Housekeeping services, such as plumbing and carpentry, are exempt from registration under section 22 of the said Central Goods and Services Tax Act, unless the person providing such service through an electronic commerce operator is required to register under sub-section (1) of section 22 of the said Central Goods and Services Tax Act. (Central Tax (Rate) Notification No. 23/2017, issued August 22, 2017)

Restaurant Service:

With Notification No. 17/2021-Central Tax (Rate) dated November 18, 2021, the Central Government has now placed restaurant services within the scope of section 9(5) of the Central Goods and Services Tax Act 2017.

  • Other than services provided by restaurants, eating joints, and other establishments established in specific locations, offering restaurant services.

‘Specified premises’ are those that provide hotel accommodation services and have a declared rate of more than Rs. 7,500 per unit per day or equivalent.

‘Restaurant service’ refers to the provision of goods, such as food or other article for human consumption or any drink, by a restaurant, eating joint, mess, or food court, whether for consumption on or off the premises where such food or any other item for human consumption or drink is offered. (Central Tax (Rate) Notification No. 20/2019, issued September 30, 2019)

From January 1, 2022, the notification will take effect.

According to the aforementioned notice, food tech businesses like as Zomato, Swiggy, Uber Eats, and others will be obliged to pay GST on restaurant service provided through their platforms as if they were the supplier of such services. Restaurants are exempt from charging GST in these situations.

Exception: The aforementioned rule does not apply to restaurant services supplied by restaurants, dining joints, and other establishments located on the premises of a hotel that has a declared tariff of Rs. 7,500 per unit per day or equivalent for any unit of lodging.

GST rate: The GST rate for restaurant services is 5% with no input tax credit.

Implications

For food-tech firms,

  • Food tech companies would also have to pay GST on the food they sell on their platform.
  • Increased compliance costs.
  • TCS is not required to be collected on funds remitted to restaurants unless such funds are subject to GST.

Restaurants, eating establishments, such as mess and cafeterias

Restaurants will not be accountable for GST on foods purchased through e-commerce platforms. But they will be liable for GST on foods served in restaurants, takeaways, and outdoor catering.

Restaurants would be required to register for GST only if their revenue exceeds the minimal level of Rs. 20/10 lakhs.

If restaurants are part of a hotel providing room services with disclosed tariffs exceeding Rs. 7,500 per unit per day, restaurants will be liable for GST, not food tech businesses.

 For cloud kitchens

This will also provide complete relief to cloud kitchens that rely solely on e-commerce platforms to operate. Even if their turnover exceeds the minimal threshold level of Rs. 20/10 lakhs, cloud kitchens will not be needed to register for GST.